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TABLE OF CONTENTS 1. Introduction......................................................................................................................... 1 2. Women’s rights in the Philippines: the struggle for full recognition .................................. 3 2.1 Laws and their implementation ............................................................................ 4 2.2 Violence against women in the family and community ....................................... 4 2.3 Discrimination against women subjected to sexual violence ............................... 5 3. Torture of women political detainees with impunity: the 1970s to the 1990s ..................... 7 4. Torture and ill-treatment of women in police custody ........................................................ 9 4.1 Violations of women’s rights under the anti-vagrancy law ................................ 12 4.2 Prosecutions of police officers for rape ............................................................ 15 5. Violations of women’s rights in prisons ........................................................................... 17 5.1 Prison conditions ............................................................................................... 21 6. Reports of rapes by the military in Mindanao ................................................................... 23 7. Investigating rape in custody: the importance of medico-legal documentation ................. 24 8. Amnesty International’s recommendations ....................................................................... 26 PHILIPPINES Fear, shame and impunity: Rape and sexual abuse of women in custody 1. Introduction Women in the custody of law enforcement officials in the Philippines are vulnerable to torture, including rape and sexual abuse. Between 1995 and 2000 Amnesty International received reports of more than 30 incidents of rape or other sexual abuse of women or girls in custody. The organization fears that this figure represents only a fraction of the real number of cases. Women in police custody have also reported being subjected to other forms of torture or ill-treatment, including threats, slaps, punches, kicks and sexual assault, such as the groping of breasts. Women detained in provincial, municipal and city jails are also vulnerable to rape or sexual violence. Rape of women detainees by police officers, jail guards or military officials always constitutes torture. It is both a physical violation and injury as well as a humiliating assault on a woman’s mental and emotional integrity. In addition, rape is always associated with the risk of sexually transmitted diseases, particularly Human Immunodeficiency Virus (HIV). Women who become pregnant as a result of rape in custody face a further set of serious problems. A common accompaniment to rape, whether in custody or in the community, is the perpetrator’s threat of additional violence if the victim tells anyone of the assault. Other forms of sexual abuse by law enforcement officials, including the threat of rape, verbal sexual abuse and mocking, designed to degrade and humiliate, may also constitute torture or other forms of cruel, inhuman and degrading treatment. Torture is prohibited both under the Philippine Constitution 1 and by the major international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which the Philippines is a party. The United Nations Declaration on the Elimination of Violence against Women has defined violence against women as: “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life”.2 Lack of systematic monitoring in the Philippines makes it difficult to estimate the true extent to which women are subjected to torture in custody, but Amnesty International believes 1 Article 111, Section 12 provides that “no torture, force, violence, threat, intimidation or any other means which vitiates the free will shall be used against [the accused].” 2 UN General Assembly resolution 48/104 of 20 December 1993 Amnesty International March 2001 AI Index: ASA 35/001/2001 2 Philippines: Fear, shame and impunity - rape and sexual abuse of women in custody that the real number of cases is far higher than reported. This belief is reinforced by the fact that victims of rape face enormous obstacles in bringing the perpetrators to justice and achieving redress. Such obstacles include fear of reprisals, cultural stigma and feelings of shame which prevent many women from speaking out. Rape victims often face a lack of sensitivity from police or court officials and intrusive media reporting of their cases. Lodging a complaint against a police officer or prison official requires courage and usually financial resources beyond the means of most victims. It is not unusual for a victim of rape by law enforcement officials to be threatened or pressured by the perpetrator into withdrawing her complaint. If the victim is from a disadvantaged social or economic group, as is most often the case, her chances of obtaining justice are bleak. Many women are fearful of a police force whose reputation has been tarnished by the torture of criminal suspects, corruption and involvement in criminal activities. Few victims of torture in the Philippines, particularly the poorly educated and impoverished, are aware of their rights or expect their complaints to be taken seriously. Philippine law stipulates the death penalty for law enforcement officials convicted of raping a woman in custody. According to Amnesty International’s information, there has been only a small number of convictions of police officers for rape of female detainees. Despite these prosecutions and the imposition of the death penalty - itself a violation of fundamental human rights - new cases of rape in custody continue to be reported. Amnesty International fears that unless women are given the necessary encouragement and protection to enable them to report torture in custody, many perpetrators will evade justice and the cycle of impunity will continue. Women detainees will remain vulnerable to rape and other abuses by law enforcement officials. Some Philippine human rights lawyers have noted that there is a degree of public acceptance that women in conflict with the law will be subjected to sexual harassment or other forms of ill-treatment. Suspected female offenders, often from the most marginalised groups, including prostitutes, street children and drug users, are frequently regarded by society as inherently immoral and therefore unworthy of just and fair treatment. Amnesty International’s research into the treatment of male criminal suspects has also found a high level of tolerance by society of torture by the police, which is seen as an effective means to secure confessions in the fight against crime. AI Index: ASA 35/001/2001 Amnesty International March 2001 Philippines: Fear, shame and impunity - rape and sexual abuse of women in custody 3 This report is based on information gathered since 1995 and on a visit by Amnesty International delegates to the Philippines in July 2000. The delegates met a variety of women’s non-governmental organizations, local human rights organizations, women lawyers, investigative journalists and academics. The delegates also visited the Philippine Commission on Human Rights, the Women’s Correctional Institution and the Manila City Jail, including its women’s section. This report focuses primarily on torture of women in custody but also touches briefly on domestic violence, which in certain circumstances may amount to torture. Amnesty International and women’s organizations in the Philippines believe the Government of the Philippines must take urgent steps to protect women in custody from torture, including rape, sexual violence and other cruel, inhuman and degrading treatment. The government also has an obligation to refrain from condoning or acquiescing in abuses by private actors and to exercise due diligence by preventing, prosecuting and punishing such abuses. This report concludes with a series of recommendations to the authorities to prevent these grave violations of women’s rights. 2. Women’s rights in the Philippines: the struggle for full recognition The Philippines has a vibrant community of women’s rights activists who have made tremendous progress in recent years in raising the profile of women’s rights both within the country and the Asia-Pacific region. One example is the increasing momentum of the campaign for justice by Filipino former “comfort women”. Forced into sexual slavery during the Japanese military occupation of the Philippines in the early 1940s, the extraordinary courage of these women, now in their 70s and 80s, has been a great inspiration for other women across Asia who are struggling to end impunity for violations of women’s human rights, including sexual violence. 2.1 Laws and their implementation Following persistent efforts by Filipino women activists, the government adopted a 30-year Plan for Gender Responsive Development (1995-2025), aimed at pursuing full equality and development for women and men, based on commitments made by the Philippines at the Fourth World Conference on Women in Beijing in 1995. Successful lobbying by Filipino women activists on